A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On April 10, 2008, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on April 10, 2008; the summary order of KRW 1,50,000 as a fine for the same crime in the same court on October 1, 2009; the summary order of KRW 3 million as a fine for the same crime in the same court on February 9, 2010; the summary order of KRW 4 million was issued in the same court on March 19, 2010; and on September 5, 2013, the same court issued a summary order of KRW 4,00,000 as a fine for the same crime on September 13, 2013; and on September 5, 2013, was sentenced to a suspended sentence of imprisonment for two years for the same violation of the Road Traffic Act.

【Criminal Facts】

On August 10, 2014, at around 08:00, the Defendant driven DK5 car under the influence of alcohol content of 0.125% without obtaining a driving license from the front of the “arching son car of an infant,” located in the Twit-ro 14-ro, Nam-gu, Incheon Metropolitan City, to the front road of approximately 700 meters in front of the same Gu stone-ro 14-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, inquiry report on the results of crackdown on drunk driving, and photographs at the time of crackdown;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on criminal records and related judgments of a suspect) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence (contributed circumstances) reflects and social ties are clear.